Customs Amendment (Export Controls and Other Measures) Act 2011 (63 of 2011)

Schedule 2   Strengthening of security measures at depots and warehouses

Part 1   Depot licences

Customs Act 1901

18   Subsections 77V(4) to (11)

Repeal the subsections, substitute:

(4) The notice under subsection (1) must be in writing and must be:

(a) served, either personally or by post, on the holder of the depot licence; or

(b) served personally on a person who, at the time of service, apparently participates in the management or control of the depot.

(5) The notice under subsection (1):

(a) must state that, if the holder of the depot licence wishes to prevent the cancellation of the licence, he or she may, within 7 days after the day on which the notice is served, give to the CEO at an address specified in the notice a written statement showing cause why the licence should not be cancelled; and

(b) may, if it appears to the CEO to be necessary to do so:

(i) for the protection of the revenue; or

(ii) for ensuring compliance with the Customs Acts, any other law of the Commonwealth prescribed by the regulations or a law of a State or Territory prescribed by the regulations;

state that the licence is suspended.

(6) If the notice under subsection (1) states that the depot licence is suspended, the licence is suspended on and from the service of the notice.

Note: For revocation of the suspension, see section 77VB.

(7) Despite the giving of a notice under subsection (1) in relation to a depot licence, nothing in this Part prevents:

(a) the CEO giving a notice under subsection 77T(1) in relation to the renewal of the licence; or

(b) the holder of the licence obtaining a renewal of the licence by paying a depot licence charge in accordance with section 77T.

Note: A depot licence charge paid in the circumstances described in this subsection may be refunded under section 77W.